Hitting the bottle: NZ judge's big decision on Coke v Pepsi

As the Coca-Cola Co’s trade mark case against Frucor Soft Drinks and PepsiCo wound down with closing submissions at the High Court at Auckland this week, litigation is still bubbling in other parts of the world.

Coca-Cola is claiming three trade mark infringements, passing off and breaches of the Fair Trading Act against the two soft drink companies. “Passing off” is the legal term which claims misrepresentation made by one trader damages the goodwill of another.

Coca-Cola has 58 registered trade marks in New Zealand, including three for bottle shape.

 

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